Category: 11th Circuit
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Federal Appeals Court Sends Banana Plantation Torture Suit to Guatemala
The Eleventh Circuit Court of Appeals has determined that a district court did not abuse its discretion by deciding that the Alien Tort Claims Act and Torture Victim Protection Act claims of seven Guatemalan banana plantation workers would best be heard in a Guatemalan court. Aldana v. Del Monte Fresh Produce N.A., Inc., No 07-15471…
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Probiotic Yogurt Plaintiff Seek Class Certification in Florida Court
A woman who alleges that General Mills, Inc. deceives the public by claiming its Yo-Plus® probiotic yogurt is beneficial for human digestion has filed a motion for class certification in a federal court in Florida. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., filed August 4, 2009). More information about the litigation appears in…
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Fair Credit Transactions Litigation Can Proceed
The Eleventh Circuit Court of Appeals has turned aside a constitutional challenge to the statutory damages provisions of the Fair and Accurate Credit Transactions Act in litigation against a food establishment that allegedly printed more than the last five digits of a customer’s credit card number on an electronically generated receipt. Harris v. Mexican Specialty Foods,…
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Botulism Cases Lead to $40 Million Lawsuit Against Factory Equipment Maker
Bumble Bee Foods, LLC has filed a complaint in federal court against the company that made the food-sterilization system used to process Castleberry hot dog chili sauce that, in 2007, was contaminated with Clostridium botulinum and led to a nationwide recall of under-processed products. Bumble Bee Foods, LLC v. Malo, Inc., No. 09-042 (S.D. Ga.,…
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Class Action Filed in Florida over Yogurt Claims
A Florida resident has filed a putative class action lawsuit against General Mills, Inc., in federal court, alleging that its claims about Yo-Plus® yogurt violate the state’s deceptive and unfair trade practices law and constitute a breach of express warranty. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., filed March 17, 2009). Seeking to…
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Criminal Animal Abuse Charges Filed Against Former Turkey Farm Employees
Video footage of former Aviagen Turkeys, Inc. employees allegedly abusing birds has reportedly led to criminal indictments for animal abuse. The People for the Ethical Treatment of Animals (PETA) apparently caught three turkey farm employees in the act, and 19 counts, including 11 felony charges, for cruelty to birds have been brought against them. Alabama-based…
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Punitive Damages Added to Tainted Peanut Butter Claims; Criminal Investigation Launched
Food litigator William Marler has reportedly filed an amended complaint on behalf of a Vermont couple whose son was allegedly sickened and hospitalized following ingestion of a product containing Salmonella-tainted peanut butter. Meunier v. Peanut Corp. of Am., No. 09-12 (M.D. Ga., first amended complaint filed January 28, 2009). The plaintiffs are now seeking punitive damages for…